Ex Parte Barber - Page 10




               Appeal No. 2003-0653                                                                      Page 10                  
               Application No. 09/861,268                                                                                         


               the indention 28 on end 22 of rod 24.  Accordingly, the subject matter of claim 15 is not                          
               suggested from the teachings of the applied prior art.5                                                            


                      For the reasons set forth above, the decision of the examiner to reject                                     
               independent claim 15, and claims 16 to 18 and 25 to 27 dependent thereon, under                                    
               35 U.S.C. § 103 is reversed.                                                                                       


                                                        CONCLUSION                                                                
                      To summarize, the decision of the examiner to reject claims 11 to 14 under                                  
               35 U.S.C. § 102(a) is affirmed; the decision of the examiner to reject claims 22 to 24                             
               under 35 U.S.C. § 102(a) is reversed; and the decision of the examiner to reject claims                            
               15 to 18 and 25 to 27 under 35 U.S.C. § 103 is reversed.                                                           











                      5 The test for obviousness is what the combined teachings of the references would have                      
               suggested to one of ordinary skill in the art.  See In re Young, 927 F.2d 588, 591, 18 USPQ2d 1089,                
               1091 (Fed. Cir. 1991) and In re Keller, 642 F.2d 413, 425, 208 USPQ 871, 881 (CCPA 1981).                          







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